beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) E agreed on November 2012 to pay the construction cost directly to the sub-contractors, including the victim, and the Defendant also paid the construction cost directly to the victim through the settlement of construction cost with E.
D. The defendant was found to have used the above money for the operation of his office even though he was in the position of being delegated with the administration of affairs involving the receipt of money by receiving the full amount of the construction cost from E, and the facts charged in this case constitutes guilty.
Nevertheless, the judgment of the court below is erroneous in finding the defendant not guilty.
2. The Defendant is the representative of Jongno-gu Seoul Metropolitan Government D (hereinafter “D”) who mainly engages in real estate business and lease business in Jongno-gu Co., Ltd.
A building owner E contracted the Seongbuk-gu Seoul Metropolitan Government F Housing Corporation (hereinafter “instant construction”) to a police officer at early 2012, and the Defendant again contracted this to G Co., Ltd. (hereinafter “G”).
Since then, G was awarded a contract to the victim H for boiler and toilet construction, but G was suspended due to its default on July 2012.
around July 2012, the Defendant promised to the construction site of Seongbuk-gu Seoul FF, that “The Defendant shall receive from the owner E the balance of KRW 48 million that the G should complete for the boiler and toilet construction of a total of 20 female households to the fifth floor, and that “The Defendant will receive all the remainder of KRW 48 million from the owner E.”
After the completion of H’s construction work, the Defendant received a total of KRW 560,800,00 directly from H through a temporary place where it is unknown, and the Defendant paid KRW 334,149,400 to re-contractors in addition to this owner, and the Defendant paid KRW 31,00,000 out of the construction cost to be received from H from E, and the Defendant paid KRW 48,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000.